Obtain a map indicating the extent and boundaries of the property
Agency: Service Topographique
The seller must obtain and provide the buyer with the cadastral plan indicating the extent and boundaries of the property.
Time and cost: 14 days, GNF 309,495
Confirm the identity of the landowner and a clear title at the Land Registry (“Bureau de la Conservation Foncière”)
Agency: Land Registry (Bureau de la Conservation Foncière)
The buyer writes to the director of the land registry to ask for confirmation that the seller of the property is indeed the real owner and that the title is clear and free of encumbrances (“Etat de droits réels”). The director must answer back and always comply with this requirement.
Time and cost: 7 days, GNF 300,000
Obtain tax clearance from tax authorities
Agency: Tax authorities (Direction National des Impots)
The notary will request a tax clearance to check whether there are outstanding taxes.
Time and cost: 10 days, GNF 100,000
Sign the sale contract as written and witnessed by the notary
Agency: Notary
According to article 201 of the Ordonnance O/92/019 of March 30, 1992, regarding the Land Code, every act subject to land registration must be authenticated. However, if it is not presented in this form, it must be filed in the minutes of a Notary.
Time and cost: 1 day, GNF 5,212,203.89
- From 1 to 10,000,000 of FG : 4.5%
- From 10,000,000 to 50,000,000 of FG: 2.5%
- From 50,000,001 to 150,000,000 of FG :1.5%
- From 150,000,001 to 300,000,000 of FG: 1%
- Above 300,000,000: 0.75%
Register the sale contract with the National Tax Authorities “Service des Impôts”
Agency: National Tax Authorities (Service des Impôts)
The parties should register the sale contract with the National Tax Authorities and pay their due tax (5% of the value of the property). Article 559 of the General Tax Code stipulates that when the National Directorate of Taxes considers that the sale price is insufficient, it may be exercised within six months from the date of registration, a right of first refusal in favor of the public treasury.
The National Directorate of Taxes is thus empowered to substitute by the State the purchaser of the property whose values were considered insufficient.
The National Directorate of Taxes will increase by a tenth the price reported.
Time and cost: 5 days, GNF 7,524,407.78 (2% of the property value)
Transfer the final ownership with the Land Registry (“Bureau de la Conservation Foncière”)
Agency: Land Registry (Bureau de la Conservation Foncière)
The Director of the Land Registry will only ask to see the notarized sale agreement and the map stating the boundaries of the property. It is a requirement by law that the director effectively transfers the property to the seller after a 7 days maximum since the demand was presented.
Time and cost: 7 days, GNF 4,514,644.67 (1.2% of the property value)
